Reid, J.R. v. Australian Telecommunications Commission & Ors [1988] FCA 16

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JUDGMENT No. lle. 73S

CATCHWORDS

ADMINISTRATIVE LAW - Forced retirement of Telecom employee upon medical grounds - Relevant medical information not disclosed to employee before decision - Whether decision void for failure to provide natural justice - Effect of right of review by Review Tribunal - Appeal by employee to Review Tribunal ~ Validity of Board's decision - Delay by employee in

prosecuting appeal - Discretion of Court to refuse relief.

Telecommunications Act 1975 s.56

NSW G.116 of 1987 JOHN RICHARD REID v AUSTRALIAN TELECOMMUNICATIONS COMMISSION & ORS

Wilcox J Sydney 3 February 1988

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Mee ner mae nara

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN: AND: CORAM: WILCOX J PLACE: SYDNEY DATE : 3 FEBRUARY 1988

THE COURT ORDERS THAT:

NSW G.116 of 1987

Sew ww

JOHN RICHARD REID

Applicant

AUSTRALIAN TELECOMMUNICATIONS COMMISSION

First Respondent

DANIEL HENRY GUILFOYLE, J RABJOHNS and

N GOLDING

(known as the REVIEW TRIBUNAL)

Second Respondents

MINUTES OF ORDER

1. The Application be dismissed.

Note: Settlement and entry of orders 1s dealt with in Order

36 of the Federal Court Rules.

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wre

meee oe

tiated

BY

Secret ee ee ee

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSW G.116 of 1987

ew

GENERAL DIVISION

BETWEEN: JOHN RICHARD REID

Applicant

AND: AUSTRALIAN TELECOMMUNICATIONS COMMISSION

First Respondent

DANIEL HENRY GUILFOYLE, J RABJOHNS and

N GOLDING

(known as the REVIEW TRIBUNAL )

Second Respondent

CORAM: WILCOX J PLACE: SYDNEY DATE: 3 FEBRUARY 1988

REASONS FOR JUDGMENT

This proceeding is an Application for review of two decisions made in connection with the applicant's employment by the first respondent, the Australian Telecommunications Commission ("Telecom"). The first decision was made by an officer of Telecom itself, the second by the members of a Review Tribunal, constituted under regulations made pursuant to the Telecommunications Act 1975. Those members are the